Appellate Division of the Supreme Court of New York, 1996

Star v. Frazer

Appellate Division of the Supreme Court of New York · Decided October 21, 1996

232 A.D.2d 570; 649 N.Y.S.2d 35; 1996 N.Y. App. Div. LEXIS 10413

Cases that cite this one

9 later published cases cite this decision.

Girgenti v. Gress (Appellate Division of the Supreme Court of New York 2011)
Burger v. Brennan (Appellate Division of the Supreme Court of New York 2010)
Hidary v. Hidary (Appellate Division of the Supreme Court of New York 2010)
Simpson v. Gelin (Appellate Division of the Supreme Court of New York 2008)
Lane v. Lane (Appellate Division of the Supreme Court of New York 2004)
Suffolk County Commissioner of Social Services v. Carnegie (Appellate Division of the Supreme Court of New York 2004)
Etuk v. Etuk (Appellate Division of the Supreme Court of New York 2002)
Happich v. Happich (Appellate Division of the Supreme Court of New York 2001)
Rinaldi v. Rinaldi (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Trainor, J.), entered March 16, 1995, which denied his objections to two orders of the same court (Ekadis, H.E.), both dated December *57116, 1994, which, after a hearing, inter alia, directed the entry of a money judgment in favor of the mother and against the father for arrears in child support in the sum of $13,640.

Ordered that the order is affirmed, without costs or disbursements.

The issues raised by the father on this appeal are not reviewable by this Court. The Family Court denied the father’s objections on the ground that he failed to file proof of service of a copy of the objections on the mother. Family Court Act § 439 (e) provides, in pertinent part, that "[a] party filing objections shall serve a copy of such objections upon the opposing party”, and that "[pjroof of service upon the opposing party shall be filed with court at the time of filing of objections and any rebuttal”. By failing to file proof of service of a copy of his objections on the petitioner, the father failed to fulfill a condition precedent to filing timely written objections to the Hearing Examiner’s decision and order. Consequently, he waived his right to appellate review of the objections. Mangano, P. J., Rosenblatt, Sullivan and Hart, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.